British overseas territories

Location of the British Overseas Territories

The British overseas territories are fourteen territories that are under the sovereignty of the United Kingdom, but which do not form part of the United Kingdom itself.^[1]

The name "British Overseas Territory" was introduced by the British Overseas Territories Act 2002, and replaced the name British Dependent Territory, which was introduced by the British Nationality Act 1981. Before that, the territories were known as colonies or Crown colonies. The British overseas territories are also referred to as overseas territories of the United Kingdom,^[2] UK overseas territories,^[3] or, when the context is clear, simply the overseas territories.^[1]

The territories of Jersey and Guernsey (collectively known as the Channel Islands), and the Isle of Man, though also under the sovereignty of the British Crown, have a different constitutional relationship with the United Kingdom, and are classed as Crown Dependencies.^[4][5][6] The British overseas territories and Crown Dependencies are distinct from the Commonwealth of Nations, a voluntary association of countries with historic links to the British Empire, with the exception of member-state Mozambique.^[7]

History

The original English colonies in the New World were plantations of English subjects in lands hitherto outside the dominions of the Crown. The first such plantation was in Newfoundland, where English fishermen routinely set up seasonal camps in the 16th century.^[8]

What later became known as the "Old Empire" began in 1607 with the settlement of Jamestown, the first successful permanent colony in "Virginia" (a term that was then applied generally to North America). In 1609, a second colony was unintentionally established in Bermuda (as an extension of Virginia), which, with the loss of the American colonies in 1776, is the oldest British colony in existence (English colonies became British with the 1707 unification of the Kingdoms of England and Scotland to form the Kingdom of Great Britain) .

The growth of the British Empire in the 19th century, to its peak in the 1920s, saw the UK acquire over one quarter of the world's land mass, including territories with large indigenous populations in Asia and Africa, which were held for commercial and strategic reasons rather than for settlement^{[citation needed]}. The late 19th century saw the larger settler colonies — in Canada, Australia, New Zealand and South Africa — becoming self-governing colonies and achieving independence in all matters except foreign policy, defence and trade. Separate self-governing colonies federated to become Canada (in 1867) and the Commonwealth of Australia (in 1901). These and other large self-governing colonies had become known as Dominions by the 1920s. The Dominions achieved full independence with the Statute of Westminster (1931). The Empire was renamed the British Commonwealth to reflect such changes and in 1949 became known as the Commonwealth of Nations. Most of the British colonies in Africa, Asia and the Caribbean achieved independence. Some colonies became Commonwealth Realms, retaining the British monarch as head of state, others became republics but acknowledged Queen Elizabeth II as Head of the Commonwealth.^{[citation needed]}

St. George's town, in the Islands of Bermuda, or The Somers Isles. The colony was founded by the wrecking of the flagship of the Virginia Company in 1609. The Company's charter was extended to include Bermuda in 1612, and it has remained an English (since 1707, British) colony ever since. Since the independence of Virginia, it has been the oldest-remaining British colony, and the town of St. George's is the oldest continuously-inhabited English settlement in the New World.^{[citation needed]}

After the independence of Southern Rhodesia (now Zimbabwe) in Africa in 1980 and British Honduras (now Belize) in Central America in 1981, the last major colony that remained was Hong Kong, with a population of over 5 million. Unlike other territories, the territory of Hong Kong had two different arrangements:

• Hong Kong Island and the Kowloon Peninsula were ceded to Britain in perpetuity by the Treaty of Nanking and the Convention of Peking.
• An area of the Chinese mainland that became known as the New Territories was leased to Britain for 99 years from 1898 to accommodate Hong Kong's growing population.

With 1997 approaching, the United Kingdom and China negotiated the Sino-British Joint Declaration, which led to the whole of Hong Kong becoming a "special administrative region" of China in 1997, subject to various conditions intended to guarantee the preservation of Hong Kong's capitalist economy and its way of life under British rule for at least 50 years after the handover. This was because Hong Kong's infrastructure was significantly interconnected with that of Guangdong Province, which would make it virtually impossible for those areas ceded in perpetuity to continue functioning without importing virtually all of their necessities.

Following the return of Hong Kong, the remaining British overseas possessions are mostly small island territories with small populations – the only territory of significant area being the uninhabited British Antarctic Territory. The reasons for these territories not achieving independence vary, and include:^{[citation needed]}

• lack of support for independence among the local population;
• a small population size making the possibility of success as a sovereign nation more difficult;
• dependence on economic aid from the UK;
• being uninhabited territories used for scientific or military purposes;
• a need for British military presence to guard against hostile neighbours;
• a lack of any economic or political justification for independence.

In 2002, the UK Parliament passed the British Overseas Territories Act 2002. This reclassified the UK's dependent territories as overseas territories and, with the exception of those people solely connected with the Sovereign Base Areas of Cyprus, restored full British citizenship to their inhabitants.^{[citation needed]}

It was once said that "the sun never sets on the British Empire",^[9] and the British Overseas Territories still extend to every geographic region of the world, with the Caribbean Overseas Territories in North America, the Falklands in South America, Saint Helena and Dependencies in Africa, Pitcairn in Oceania, Gibraltar in Europe, British Indian Ocean Territory in Asia, and South Georgia and the South Sandwich Islands in Antarctica.

Current overseas territories

The 14 British overseas territories are:

Flag	Arms	Territory	Location	Motto	Area	Population	Capital
		Anguilla	Caribbean and North Atlantic Territories	Strength and Endurance	146 km2 (56.4 sq mi) [10]	12,800	The Valley
		Bermuda	North Atlantic Ocean	Quo fata ferunt (Latin: "Whither the Fates carry [us]")	54 km2 (20.8 sq mi) [11]	64,482	Hamilton
		British Antarctic Territory	Antarctica	Research and discovery	1,709,400 km2 (660,000 sq mi) [12]	200 staff	Rothera (main base)
		British Indian Ocean Territory	Indian Ocean	In tutela nostra Limuria (Latin: "Limuria is in our charge")	46 km2 (18 sq mi) [13]	3,200 military and staff	Diego Garcia (base)
		British Virgin Islands	Caribbean and North Atlantic Territories	Vigilate (Latin: "Be watchful")	153 km2 (59 sq mi) [14]	27,000 (estimated) [15]	Road Town
		Cayman Islands	Caribbean and North Atlantic Territories	He hath founded it upon the seas	259 km2 (100.0 sq mi) [16]	46,600	George Town
		Falkland Islands	South Atlantic Ocean	Desire the right	12,173 km2 (4,700 sq mi) [17]	2,967	Stanley
		Gibraltar	Iberian Peninsula	Nulli expugnabilis hosti (Latin: "No enemy shall expel us")	6.5 km2 (2.5 sq mi) [18]	27,776	Gibraltar
		Montserrat	Caribbean and North Atlantic Territories	Each Endeavouring, All Achieving	101 km2 (39 sq mi) [19]	9,000	Plymouth (abandoned due to volcano—de facto capital is Brades)
		Pitcairn Islands	Pacific Ocean	None	45 km2 (17 sq mi) (all islands) [20]	67	Adamstown
		Saint Helena, Ascension and Tristan da Cunha	South Atlantic Ocean	Loyal and Unshakeable (St Helena) Our faith is our strength (Tristan da Cunha)	122 km2 (47 sq mi) [21]	6,563	Jamestown
		South Georgia and the South Sandwich Islands	South Atlantic Ocean	Leo terram propriam protegat (Latin: "Let the lion protect his own land")	4,066 km2 (1,570 sq mi) [22]	11-26 staff	King Edward Point/Grytviken
		Sovereign Base Areas of Akrotiri and Dhekelia	Mediterranean (Cyprus)	Dieu et mon droit (French: "God and my right")	255 km2 (98 sq mi) [23]	15,000 (almost half British military and staff)	Episkopi Cantonment
		Turks and Caicos Islands	Caribbean and North Atlantic Territories		430 km2 (166 sq mi) [24]	36,605	Cockburn Town

Government

Head of State

The head of state in the overseas territories is the British monarch, currently Queen Elizabeth II. The Queen's role in the territories is in her role as Queen of the United Kingdom, and not in right of each territory. The Queen appoints a representative in each territory to exercise her executive power. In territories with a permanent population, a Governor is appointed by the Queen on the advice of the British Government, usually a retired senior military officer, or a senior civil servant. In territories without a permanent population, a Commissioner is usually appointed to represent the Queen. For overseas territories with dependencies, the Governor may appoint an Administrator to represent him or her in that dependency.^{[citation needed]}

The role of the Governor is to act as the de facto head of state, and they are usually responsible for appointing the head of government, and senior political positions in the territory. The Governor is also responsible for liaising with the UK Government, and carrying out any ceremonial duties. A Commissioner has the same powers as a Governor, but also acts as the head of government.

v • d • e Governors, Civil Commissioners and Administrators of British dependencies Overseas territories Governor of Anguilla • Administrator of Ascension Island •Governor of Bermuda • Commissioner of the British Antarctic Territory • Commissioner of the British Indian Ocean Territory • Governor of the British Virgin Islands • Governor of the Cayman Islands • Governor of the Falkland Islands • Governor of Gibraltar • Governor of Montserrat • Governor of the Pitcairn Islands • Governor of Saint Helena • Commissioner for South Georgia and the South Sandwich Islands • Administrator of Tristan da Cunha • Governor of the Turks and Caicos Islands Crown dependencies Lieutenant Governor of Guernsey • Lieutenant Governor of Jersey • Lieutenant Governor of the Isle of Man

Government

All the overseas territories have their own system of government, and localised laws. The structure of the government appears to be closely correlated to the size and political development of the territory.^{[citation needed]}

^† On 16 March 2009 the British parliament voted to implement Crown colony-governance in the territory. A subsequent legal judgement was upheld by three member British Court of Appeal on 12 August 2009, thus allowing the process to be implemented.^[27][28]

Legal system

Each overseas territory has its own legal system independent of the United Kingdom. The legal system is generally based on English common law, with some distinctions for local circumstances. Each territory has its own attorney general, and court system. For the smaller territories, the UK may appoint a UK-based lawyer or judge to work on legal cases. This is particularly important for cases involving serious crimes and where it is impossible to find a jury who will not know the defendant in a small population island^{[citation needed]}.

The Pitcairn rape trial of 2004 is an example of how the UK may choose to provide the legal framework for particular cases where the territory cannot do so alone.

Relations with the UK

The Foreign and Commonwealth Office has the responsibility of looking after the interests of all overseas territories except one. The Overseas Territory Department is headed by the Foreign Office Minister for the Overseas Territories, currently the Parliamentary Under Secretary of State Meg Munn. The exception is the Sovereign Base Areas territory, which comes under the jurisdiction of the Ministry of Defence.

In 1999, the FCO published the Partnership for Progress and Prosperity: Britain and the Overseas Territories report which set out the UK's policy for the Overseas Territories, covering four main areas:

• Self-determination
• Responsibilities of the UK and the territories
• Democratic autonomy
• Provision for help and assistance

The UK and the overseas territories do not have diplomatic representations, although the governments of the overseas territories with indigenous populations all retain a representative office in London. The United Kingdom Overseas Territories Association (UKOTA) also represents the interests of the territories in London. The governments in both the United Kingdom and territories occasionally meet to mitigate or resolve disagreements over the process of governance in the territories and levels of autonomy.^[29]

The UK provides financial assistance to the overseas territories via the Department of International Development. Currently only Montserrat and Saint Helena receive budgetary aid (ie financial contribution to recurrent funding). Several specialist funds are made available by the UK, including:

• The Good Government Fund which provides assistance on government administration;
• The Economic Diversification Programme Budget which aim to diversify and enhance the economic bases of the territories

Foreign affairs

Map showing the portion of Antarctica claimed by the UK as British Antarctic Territory.

Foreign affairs of the overseas territories are handled by the Foreign and Commonwealth Office in London. However some territories maintain diplomatic officers in nearby countries for trade and immigration purposes. Several of the Caribbean territories maintain membership of the Organisation of Eastern Caribbean States and the Caribbean Community. The territories are members of the Commonwealth of Nations through the United Kingdom, although they do take part in the Commonwealth Games separately.

Gibraltar is the only overseas territory that is part of the European Union (EU), although it is not part of the customs union and is not a member in its own right. None of the other Overseas Territories are members of the EU, and the main body of EU law does not apply and, although certain slices of EU law are applied to those territories as part of the EU's Association of Overseas Countries and Territories (OCT Association), they are not commonly enforceable in local courts. The OCT Association also provides overseas territories with structural funding for regeneration projects.

Since the return of full British citizenship to most 'belongers' of overseas territories (mainly since the British Overseas Territories Act 2002), the citizens of those territories hold concurrent European Union citizenship, giving them rights of free movement across all EU member states.

Several nations dispute the UK's sovereignty in the following overseas territories:

• British Antarctic Territory — Territory overlaps Antarctic claims made by Chile and Argentina
• British Indian Ocean Territory — claimed by Mauritius and Seychelles
• Falkland Islands — claimed by Argentina
• Gibraltar — claimed by Spain
• South Georgia and the South Sandwich Islands — claimed by Argentina
• Sovereign Base Areas of Akrotiri and Dhekelia — claimed by Cyprus

Currencies

The many British overseas territories use a varied allotment of currencies with very few using the British pound as their native currency.

Citizenship

None of the overseas territories have their own nationality status, and all citizens are classed as British Overseas Territories citizens (BOTC). They do however, have legislative independence over immigration, and holding the status of a BOTC does not automatically give a person a right to abode in any of the territories, as it depends on the territory's immigration laws. A territory may issue Belonger status to allow a person classed as a BOTC to reside in the territory that they have close links with. Non-BOTC citizens may acquire Belonger status in order to reside in a particular territory (and may subsequently become naturalised BOTC if they wish).

Historically, most inhabitants of the former British Empire held the status of British subject, which was usually lost upon independence. From 1949, British subjects in the United Kingdom and the remaining crown colonies became citizens of the United Kingdom and Colonies. However changes in British immigration and nationality law between 1962 and 1983 saw the creation of a separate British Dependent Territories citizenship with effect from January, 1983. Citizens in most territories were stripped of full British citizenship. This was mainly to prevent a mass exodus of the citizens of Hong Kong to the UK before the agreed handover to China in 1997. Exception was made for the Falkland Islands, which had been invaded the previous year by Argentina. Full British citizenship was soon returned to the people of Gibraltar due to their friction with Spain.

However, the British Overseas Territories Act 2002 replaced dependent territory citizenship with British Overseas Territories citizenship, and restored full British citizenship to all BOTCs except those from the Sovereign Base Areas of Cyprus. This restored to BOTCs the right to reside in the UK.

British citizens do not, however, have an automatic right to reside in any of the Overseas Territories. Some territories prohibit immigration, and any visitors are required to seek the permission of the territory's government to live in the territory. As they are used primarily as military bases, Ascension Island and the British Indian Ocean Territory do not allow visitors to the territory unless on official business.

Military

Defence of the Overseas Territories is the responsibility of the UK. Many of the overseas territories are used as military bases by the UK and its allies.

• Ascension Island (a dependency of Saint Helena) - the Base (formerly known as RAF Ascension Island) is used by both the Royal Air Force and the United States Air Force.
• Bermuda - became the primary Royal Navy base in the Western Hemisphere, following US independence. The Naval establishment included an admiralty, a dockyard, and a naval squadron. A considerable military garrison was built up to protect it, and Bermuda, which the British Government came to see as a base, rather than as a colony, was known as the Gibraltar of the West [2]. Canada and the USA also established bases in Bermuda during the Second World War, which were maintained through the Cold War. Since 1995, the military force in Bermuda has been reduced to the local territorial battalion, the Bermuda Regiment.
• British Indian Ocean Territory - the island of Diego Garcia is home to a large naval base and airbase leased to the United States by the United Kingdom until 2036 (unless renewed), but that either government can opt out of the agreement in 2016.
• Falkland Islands - the British Forces Falkland Islands includes commitments from the British Army, Royal Air Force and Royal Navy.
• Gibraltar - British Forces Gibraltar includes a Royal Navy dockyard (also used by NATO), RAF Gibraltar - used by the RAF and NATO and a local garrison - the Royal Gibraltar Regiment.
• The Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus - maintained as strategic British military bases in the eastern Mediterranean Sea.

Symbols and insignia

Each overseas territory has been granted its own flag and coat of arms by the British monarch. Traditionally, the flags follow the Blue Ensign design, with the Union Flag in the canton, and the territory's coat of arms in the fly. Exceptions to this are Bermuda which uses a Red Ensign; British Antarctic Territory which uses a White Ensign; British Indian Ocean Territory which uses a Blue Ensign with wavy lines to symbolise the sea; and Gibraltar which uses a banner of its coat of arms (the flag of the city of Gibraltar). Gibraltar's coat of arms is unique in that it is the only armorial insignia that dates from before the period of British colonial administration^{[citation needed]}.

The Sovereign Base Areas of Akrotiri and Dhekelia are the only British overseas territories without an official flag of their own. The Union Flag is used in this territory and is also used for Ascension Island.

v • d • e Flags of British overseas territories and crown dependencies Overseas territories Anguilla · Bermuda · British Antarctic Territory · British Indian Ocean Territory · British Virgin Islands · Cayman Islands · Falkland Islands · Gibraltar · Montserrat · Pitcairn Islands · St. Helena (Ascension Island · Tristan da Cunha) · South Georgia and the South Sandwich Islands · Turks and Caicos Islands Crown dependencies Guernsey (Alderney  · Herm  · Sark) Jersey · Isle of Man

Gallery of images

Sandy Ground, Anguilla.	St. George's, Bermuda.	View of the military base at Diego Garcia, British Indian Ocean Territory.	Road Town, Tortola, British Virgin Islands.
Grand Cayman, Cayman Islands.	Upland, Falkland Islands.	Rock of Gibraltar, Gibraltar.	Soufriere Hills volcano, Montserrat.
Adamstown, Pitcairn Islands.	Jamestown, Saint Helena.	Cumberland Bay, South Georgia and the South Sandwich Islands.	Cockburn Town, Turks and Caicos Islands.

See also

• British Overseas Territories Act 2002
• British Overseas Territories citizen
• British overseas territory citizens in the mainland United Kingdom
• Foreign and Commonwealth Office
• Colonial Department
• Secretary of State for the Colonies
• Colonial Office
• British Empire
• Crown dependency
• Self-governing colony
• Dominion
• Commonwealth Realm

References

Further reading

• Harry Ritchie: The Last Pink Bits
• Simon Winchester: Outposts: Travel to the Remains of the British Empire (published in 1985 in the UK as Outposts: Journeys to the Surviving Relics of the British Empire also in the US as The Sun Never Sets: Travels to the Remaining Outposts of the British Empire.)
• George Drower: Britain's Dependent Territories, Dartmouth, 1992
• George Drower: Overseas Territories Handbook, TSO, 1998
• Boromé, Joseph. 'How Crown Colony Government Came to Dominica by 1898'. In Aspects of Dominican History (Roseau, Dominica, 1972), 120-50.
• The Caribbean in the Wider World, 1492-1992 By Bonham C. Richardson

External links

• Foreign and Commonwealth Office- "UK Overseas Territories"
• The Commonwealth - UK government site
• Decolonisation - History links for the end of the European formal Empires, casahistoria.net
• UK Overseas Territories Conservation Forum
• British Overseas Territories Act 2002- Text of the Act
• United Kingdom Overseas Territories Association
• Britlink - The British Overseas Territories

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